Town Board of Marshan v. City Council of Hastings

298 N.W.2d 353, 1980 Minn. LEXIS 1602
CourtSupreme Court of Minnesota
DecidedOctober 17, 1980
Docket47391
StatusPublished
Cited by2 cases

This text of 298 N.W.2d 353 (Town Board of Marshan v. City Council of Hastings) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town Board of Marshan v. City Council of Hastings, 298 N.W.2d 353, 1980 Minn. LEXIS 1602 (Mich. 1980).

Opinion

SHERAN, Chief Justice.

The present appeal resulted from an action filed in the district court of Dakota County by plaintiff-appellant Town Board of Marshan against defendant-respondent City Council of the City of Hastings. Appellant brought this action to restrain the City of Hastings from publishing or filing a proposed ordinance annexing certain property located in Marshan Township until a hearing could be had before the Minnesota Municipal Board. On July 16, 1976, the Dakota County District Court, Judge Raymond Pavlak presiding, granted appellant’s motion for a temporary restraining order. At the ensuing hearing, Judge Robert J. Breunig dissolved the temporary restraining order and granted respondent’s motion for summary judgment in an order dated September 13, 1976. When Judge Breunig denied appellant’s request for injunctive relief after a rehearing, appellant appealed to this court where, following a prehearing conference, the parties agreed to return to the district court for further findings. Appellant’s present appeal followed Judge Breunig’s March 9, 1979 order reaffirming his original order dismissing the action. We affirm.

On January 3, 1974, Aloysius and Lucille Sieben petitioned respondent requesting annexation of property owned by them in Marshan Township abutting the southerly limits of the City of Hastings pursuant to Minn.Stat. § 414.033, subd. 5 (1976). 1 On January 15, 1974, appellant passed a resolution directing the Township Planning Commission to study the annexation issue and submit a report within 120 days. A copy of the resolution was filed with the City Clerk of the City of Hastings. Subsequently, similar annexation petitions were filed by Willis Olson and Raymond Nowicki, dated February 14, 1974 and April 24, 1974, respectively.

The Planning Commission submitted its report to appellant on June 3, 1974. The report endorsed the orderly development of the area adjacent to the southerly border of the City of Hastings and recommended the establishment of a committee to promote this goal. Accordingly, the report opposed piecemeal annexation of small tracts of land. Upon review of the report, appellant adopted the report as its position on the annexation issue. On June 5, 1974, the *355 report was mailed to the Mayor of the City of Hastings and to the Chairman of the Minnesota Municipal Commission (Board). 2 Through an addressing error, the letter to the Board was returned and a new letter was mailed on July 5, 1974.

Respondent forwarded its own annexation report to appellant that same November and in January, 1975, a joint committee was established and the parties began meeting on a monthly basis. Finally, in June, 1976, respondent had the first reading of a proposed ordinance extending the corporate limits of the City of Hastings to include the Sieben, Olson and Nowicki properties. Appellant thereafter sought the temporary restraining order commencing this action. After this action began, the original Sieben petition was withdrawn, an amended petition was filed, and appropriate action was taken, the issue ultimately being resolved in favor of the City of Hastings. Therefore, the Sieben tract is not a direct concern of this appeal.

Since its creation in 1959, the Board has exercised extensive authority in dealing with municipal incorporation and annexation. Much of this supervisory power is automatic and in some cases perhaps assert-able by the Board on its own initiative. See Note, The Minnesota Municipal Commission-Statewide Administrative Review of Municipal Annexations and Incorporations, 50 Minn.L.Rev. 911 (1966). In the case of annexations, however, the statute established a mechanism for the piecemeal annexation of tracts of limited size adjacent to the boundary of an established municipal corporation. Under this provision, section 414.033, subdivision 5, jurisdiction of the Board is invoked only upon the filing of written objections within sixty days 3 from the filing of a petition. Respondent takes the position that because the letter to the Chairman of the Board was not received until after expiration of the sixty-day deadline, appellant forfeited its right to a Board hearing. Appellant contends that its filing of objections to the annexation petition was complete upon mailing and was thus in compliance with the statute.

Appellant’s argument can apply only to the Nowicki petition. No objections of any kind were mailed within sixty days of February 14, 1974, the date of the Olson petition. In addition, appellant’s position is supportable only if it can be said that the mailing of objections that are not received due to minor addressing defects constitute a filing within the meaning of the statute. It is a well-established principle, however, that such service is complete only upon proper mailing, an event that did not occur in the instant case. Hoff v. Northwestern Elevator Co., 120 Minn. 224, 139 N.W. 153 (1913); Van Aernam v. Winslow, 37 Minn. 514, 35 N.W. 381 (1887). Moreover, subdivision 5 of section 414.033 specifically states that the consequence of delayed notice may be unilateral action on the part of the municipal council. In cases in which a statutory notice requirement speaks clearly and unambiguously, the provision must be strictly construed. See Beson v. Carleton College, 271 Minn. 268, 275, 136 N.W.2d 82, 88 (1965); State ex rel. O’Hearn v. Erickson, 152 Minn. 349, 350-51, 188 N.W. 736, 736-37 (1922). Therefore, appellant’s failure to comply with Minn.Stat. § 414.033, subd. 5 (1976) precludes it from claiming the right to a hearing before the Board.

Appellant also contends that respondent should be estopped from asserting the failure to file objections because respondent did not inform appellant of its intent to rely upon the sixty-day provision when it learned that appellant had given the Mar-shan Planning Commission 120 days to complete a report and because in subsequent negotiations between the parties, respondent’s conduct was inconsistent with an intent to rely upon the notice provision of the statute. It is now clear that one governmental entity may assert an estoppel *356 against another governmental entity through application of the general principles of estoppel. E. g., Local Government Information Systems v. Village of New Hope, 311 Minn. 258, 248 N.W.2d 316 (1976). But the present situation may be distinguished from a case in which a private party and a governmental entity are involved. E. g., Ridgewood Development Co. v. State, 294 N.W.2d 288 (Minn.1980).

This court rejects appellant’s contention upon two grounds. First, the jurisdictional prerequisites that entitle one to a hearing before the Board are fixed by law and may not be the subject of a waiver or estoppel. Cf. Grier v. Estate of Grier, 252 Minn. 143, 149, 89 N.W.2d 398, 404 (1958).

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298 N.W.2d 353, 1980 Minn. LEXIS 1602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-board-of-marshan-v-city-council-of-hastings-minn-1980.